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Whittaker v. Vane Line Bunkering Inc.

Removal of Claims Against Vessels, LHWCA 'Vessel Negligence' Claim Granted; Suit Remanded

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  Plaintiff commenced this action on April 4, 2018 against Vane Line Bunkering, Inc., Vane Brothers Company, the Vessel DBL-25, Dann Ocean Towing, Inc., and the Vessel Ruby M (collectively, “Defendants”). Plaintiff alleges violations of the Jones Act (46 U.S.C. §30104), the General Maritime Law (including The Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §905(b)), New York Labor Law §200, et seq., and common law negligence claims. See Dkt. No. 2. Additionally, the Complaint discusses an executed arbitration agreement between the parties that, in Plaintiff’s opinion, should be voided. See id. at

49-53. Presently before the Court is Plaintiff’s unopposed Motion to File and Serve a Second Amended Verified Complaint and to Vacate the Notice of Removal. See Dkt. No. 14. For the following reasons, that motion is granted.II. BACKGROUNDA. FactsPlaintiff was an employee of Vane Line Bunkering, Inc. and Vane Brothers Company (collectively, “Vane”), where he worked as a crew member on the tank barge DBL-25. See Dkt. No. 14-5 at

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